Public Notice
U.S. Army Corps In Reply to Application Numbers
of Engineers CENAB-OP-RMS
(DELMARVA POWER & LIGHT/ VIENNA
Baltimore District TO SHARPTOWN) 2016-60256
PN 16-24 Comment
Period: April 28, 2016 to May 18, 2016
THE PURPOSE OF
THIS PUBLIC NOTICE IS TO SOLICIT COMMENTS FROM THE PUBLIC REGARDING THE WORK
DESCRIBED BELOW. NO DECISION HAS BEEN
MADE AS TO WHETHER OR NOT A PERMIT WILL BE ISSUED AT THIS TIME.
This District has received an application for a Department
of the Army permit pursuant to Section 10 of the Rivers and Harbors Act and Section
404 of the Clean Water Act as described below:
APPLICANT: Delmarva Power
& Light
Mr. Ed May
701 Ninth
Street NW
Washington,
DC 20068
LOCATION OF
THE PROPOSED WORK: In tidal wetlands
abutting the Nanticoke River and Bridge Creek and nontidal wetlands abutting
unnamed tributaries to Barren Creek and Owens Creek along the existing Delmarva
Power & Light Right of Way, from Vienna Substation in Vienna, Dorchester
County to the Sharptown Substation south of Sharptown, Wicomico County, Maryland.
WORK AND
PURPOSE: To replace the
existing static wire with optical ground wire (OPGW) along 4.5 miles of existing
transmission line and to replace 4 existing poles, two of which are located in
nontidal wetlands. The OPGW would replace
existing static wire and would be strung along the top of each pole
structure. The project involves replacement
of 2 poles in tidal wetlands impacting approximately 281.5 square feet (0.0065
acres) and 2 poles in nontidal wetlands impacting approximately 56.54 square
feet (0.00129 acres) and temporary use of construction matting that would
impact approximately 102,699.62 square feet (2.3554 acres) of nontidal wetlands. No wetland conversion is proposed for these
projects. All work will be completed in accordance with the enclosed
plan(s). If you have any questions
concerning this matter, please contact Mr.
Eugene Morgenthaler at 410-820-8629.
As
part of the planning process for the proposed project, steps were taken to
ensure avoidance and minimization of impacts to aquatic resources to the maximum
extent practicable. Proposed pole locations have been moved
wherever possible to avoid wetlands, in consideration of the ROW constraints
and distance possible between pole requirements. Compensatory mitigation is not proposed by
the applicant.
The
decision whether to issue a permit will be based on an evaluation of the
probable impacts, including cumulative impacts of the proposed activity on the
public interest. That decision
will reflect the national concern for both protection and utilization of
important resources. The benefit, which
reasonable may be expected to accrue from the proposal,
must
be balanced against its reasonably foreseeable detriments. All factors, which may be relevant to the proposal
will be considered, including the cumulative effects thereof; among
those are conservation, economic, aesthetics, general environmental concerns, wetlands,
cultural values, fish and wildlife values, flood hazards, flood plain values,
land use, navigation, shoreline erosion and accretion, recreation, water supply
and conservation, water quality, energy needs, safety, food and fiber production,
mineral needs,
and consideration of property ownership and in general, the needs and welfare
of the people.
The
Corps of Engineers is soliciting comments from the public; Federal, State, and
local agencies and officials; Indian Tribes; and other interested parties in order
to consider and evaluate the impacts of this proposed activity. Any comments received will be considered by
the Corps of Engineers to determine whether to issue, modify, condition or deny
a permit for this proposal. To make this
decision, comments are used to assess impacts on endangered species, historic
properties, water quality, general environmental effects, and the other public
interest factors listed above. Comments
are used in the preparation of an Environmental Assessment and/or an
Environmental Impact Statement pursuant to the National Environmental Policy
Act. Comments provided will become part
of the public record for this action. Comments
are also used to determine the need for a public hearing and to determine the
overall public interest of the proposed activity. Written comments concerning the work
described above related to the factors listed above or other pertinent factors
must be received by the District Engineer, Department of the Army, Baltimore
District Corps of Engineers, Attn:
Regulatory Branch, 10 S. Howard Street, Baltimore, Maryland 21201, within the
comment period specified above.
The Magnuson-Stevens Fishery Conservation and Management Act
(MSFCMA), as amended by the Sustainable Fisheries Act of 1996 (Public Law
04-267), requires all Federal agencies to consult with the National Marine
Fisheries Service (NMFS) on all actions, or proposed actions, permitted,
funded, or undertaken by the agency that may adversely affect essential fish
habitat (EFH).
The project site does not lie in or adjacent to EFH as described
under MSFCMA. The project is unlikely to adversely affect EFH or the species of
concern by alteration of spawning, nursery, forage and/or shelter habitat.
WATER QUALITY
CERTIFICATION: The applicant is
required to obtain a water quality certification in accordance with Section 401
of the Clean Water Act from the Maryland
Department of the Environment. Any
written comments concerning the work described above which relate to water
quality certification must be received by the Wetlands and Waterways Program,
Maryland Department of the Environment, Montgomery Park Business Center, 1800
Washington Boulevard, Suite 430, Baltimore, Maryland 21230-1708 within the
comment period as specified above to receive consideration. The Section 401 certifying agency has a
statutory limit of one year from the date of this public notice to make its
decision.
The
applicant must obtain any State or local government permits which may be
required.
A
preliminary review of this application indicates that the proposed work will
not affect Federal listed threatened or endangered species or their critical
habitat, pursuant to Section 7 of the Endangered Species Act, as amended. As the evaluation of this application
continues, additional information may become available which could modify this
preliminary determination.
Review
of the latest published version of the National Register of Historic Places
indicates that no registered properties listed as eligible for inclusion,
therein, are located at the site of the proposed work. Currently unknown archeological, scientific,
prehistoric, or historical data may be lost or destroyed by the work to be
accomplished under the request permit.
The
evaluation of the impact of this project on the public interest will include
application of the guidelines promulgated by the Administrator, U.S.
Environmental Protection Agency, under authority of Section 404 of the Clean
Water Act.
Any
person who has an interest which may be adversely affected by the issuance of
this permit may request a public hearing.
The request, which must be in writing, must be received by the District
Engineer, Department of the Army, Baltimore District Corps of Engineers, Attn: Regulatory Branch, 10 S. Howard
Street, Baltimore, Maryland 21201, within the comment period as specified above
to receive consideration. Also it must
clearly set forth the interest which may be adversely affected by this activity
and the manner in which the interest may be adversely affected.
It
is requested that you communicate this information concerning the proposed work
to any persons know by you to be interested and not being known to this office,
who did not receive a copy of this notice.
FOR
THE DISTRICT ENGINEER:
KATHY
B. ANDERSON
Chief,
Maryland Section Southern